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The power of arrest enables what?


Police to remove immediate threat or harm (i.e. physically remove the person suspected of committing the offence).

Ensure investigation into that offence takes place in a way which ensures the rights of the arrested person are preserved.


The greatest tool to aid decision making is what?


the National Decision Model – referred to more commonly as the ‘NDM’.

The NDM is an ethical decision making model that is there to help you make difficult decisions in fast-moving situations.


What must all police powers be used in accordance with?


The Humans Rights Act 1998

Police and Criminal Evidence (PACE) Act 1984

Codes of Practice


What must be carried out when a person is detained?


Risk assessments- especially when there is a risk of self harm.


What is the mnemonic used to remember the NDM decision making stages?


The mnemonic CIAPOAR…

Code of Ethics
The policing principles and standards of behaviour.

Gather information and intelligence.

Assess threat and risk, and develop a working strategy.

Powers and Policy
Consider powers and policy

Identify the options and contingencies.

Take action.

Review the actions taken


Can an officer be ordered by a superior to arrest a suspect without having access to the information on why the arrest is reasonable?


No, the arrest will not be lawful if the arresting officer does not have their own reasonable grounds for suspicion.


What are the procedures for arrest?

  • Suspect must be told why they are being arrested, why it is necessary and the ID of the police officer if not in uniform.
  • Suspect must be cautioned appropriately
  • Suspect must be taken without delay to the designated police station
  • Once arrested, the police may search for anything which may help the suspect escape or cause harm to themselves/others.

Alternatives to arrest may offer an option which reduces the chance of reoffending without unnecessarily criminalising vulnerable individuals.

This means that other resources, such as custody, can be used where they are needed most.

These other disposal methods include:


Penalty Notice for Disorder (PND): This is effectively issuing a fine on the street (£60 or £90 at present).

Cannabis Warnings: A form of PND specifically for possession of cannabis (certain criteria apply).

Simple Caution / Conditional Caution: There are also both adult and juvenile cautions.

Community Resolution: An informal out of court disposal option that offers a more personal form of justice for the victim of crime, e.g victim may be happy with an apology/ agreement to repair damage/ offender to participate in a local programme.

Street Bail: used where it is not suitable to take a person to a Police station immediately, possible to arrest a suspect on the street, then immediately bail them to return to a Police station at a date and time of mutual convenience.


What must you consider when carrying out any arrest?


You have established your grounds for arrest and you are satisfied you have the right person.

You know that the arrest is necessary.

You are comfortable you know what force you are able to use to effect the arrest.

You know whether or not you have a power of entry

You have as much information as possible to inform your ongoing risk assessment of the situation.

You have adequate resources/back up to make the arrest.

You provide all of the information required to the suspect at the time of arrest, or as soon as practicable thereafter.

You have made contemporaneous arrest notes.

You have carried out any appropriate/necessary searches.

You know there is a space in custody.


Intelligence is a police officer’s greatest tool in developing your risk assessment for any arrest. Of course, it is not always possible to get all the information you would want, but wherever possible you should do all that you can to get the following:


Caller information: your control room will be able to highlight to you whether a location, or individuals, are known (whether via the Police National Computer – PNC, or other systems).

Whether there is anything else of note in relation to a premises, such as scaffolding, proximity to a school, or geographical hazard such as open water.

Suspect information: does this person have a PNC record, what are the warning markers (such as violence towards police, previous offences, any contagious illnesses etc), how will you identify them – is there a custody image of them or do they have any distinguishing features?

If you are undertaking a pre-planned arrest (i.e. via an arrest enquiry), all these intelligence checks must be carried out, with the necessary call log updated.


What information does an officer have to give an arrested person to make the arrest lawful?



  • that they are under arrest
  • the grounds for the arrest, i.e. the offence for which they have been arrested, and
  • the reason(s) for the arrest being necessary.

There are three ways in which a person may be brought before a criminal court. The three ways are:

  • by summons
  • by arrest on warrant
  • by arrest without a warrant

Police Only Powers of Arrest without warrant falls under what section of PACE?


Section 24 PACE


The lawful arrest of a person under Section 24 PACE (Arrest without warrant) requires two elements:


(PACE Code G, para 2.1)

• A person’s involvement or suspected involvement or attempted involvement in the commission of a criminal offence


• Reasonable grounds for believing that the person’s arrest is necessary


What does Section 24 PACE (Arrest without warrant) state?


(1) A constable may arrest without warrant –
- Anyone who is about to commit an offence
- Anyone who is in the act of committing an offence
- Anyone whom he has reasonable grounds for suspecting to be about to commit an offence
- Anyone whom he has reasonable grounds for suspecting to be committing an offence.

If a constable has reasonable grounds for suspecting an offence has been committed, he may arrest without warrant, anyone whom he has reasonable grounds to suspect of being guilty of it.

If an offence has been committed, a constable may arrest without a warrant –
• Anyone who is guilty of the offence
• Anyone whom he has reasonable grounds for suspecting to be guilty of it.


What nine criteria does PACE Code G set out whereby at least one must be met for their arrest to be deemed necessary (Necessity Test)?

The reasons are stated in PACE under Section 24(5)(a) to (f) as follows:


These are easily summarised by the mnemonic IDCOPPLAN.

Investigation - Prompt and effective investigation. Many ways can do this without arresting someone. Must be very clear as to why an arrest was necessary to meet this objective (you may be asked to justify why).

Disappearance - Need to stop them running away? Reason to believe they would not present themselves to a police station at a later date/time for an interview?

Child - Also applies to vulnerable person i.e. the arrest should be to protect a child or vulnerable person.

Obstruction - e.g of the highway.

Physical Injury - Not only to the suspect but also any other person.

Public decency – Self-explanatory.

Loss or damage – To property.

Address – In order to ascertain someone’s address.

Name - Same as address, how do you know the person is who they say they are?


Every effort should be made, where practicable, to deal with the matter without the need for arrest.

This means that you should be able to explain that your first course of action was to try and proceed without the need to arrest by:


• Persuading
• Advising and even
• Warning


Information to be given on arrest

When a person is arrested they must be told:


• that they are under arrest
• the grounds for the arrest, i.e. the offence for which they have
been arrested, and
• the reason(s) for the arrest being necessary, for example:

“I am arresting you for dropping litter. I am unable to deal with this by way of a summons because you have refused to give me your name and address making arrest necessary to prevent the prosecution being hindered because I have reasonable grounds to believe you will fail to attend court.”


If reason(s) for arrest cease to exist accused should be released and processed by summons

PACE section…


Section 30(7) and 30(7A) and (8) of PACE provides that:

‘A person arrested by a constable at a place other than a police station shall be released without bail if a constable is satisfied at the time before the person reaches a police station that there are no grounds for keeping him or her under arrest releasing him/her on bail. The constable must record the fact that this has happened’


Powers of Arrest – Persons Other Than Constables falls under Section….



(1) A person other than a constable may arrest without warrant:
• Anyone who is in the act of committing an indictable offence
• Anyone whom he/she has reasonable grounds for suspecting to be committing an indictable offence.

(2) Where an indictable offence has been committed, a person other than a constable may arrest without warrant:
• Anyone who is guilty of the offence
• Anyone whom he/she has reasonable grounds for suspecting to be guilty of it.


Other person power of arrest only applies to what?


Indictable Offences

These are offences that are triable at the Crown Court and include those that are triable either way, i.e. at Magistrate’s Court or at Crown Court.


Examples of indictable offences are:

  • Murder and manslaughter
  • Rape
  • Serious assaults
  • Possession and supply offences of unlawful drugs
  • Criminal damage
  • Theft, robbery, burglary and deception offences
  • Making off without payment
  • Possession of an offensive weapon
  • Going equipped
  • Aggravated vehicle taking
  • Exposure
  • Causing death by dangerous/careless driving

Examples of offences that are triable summarily only are:

  • Taking a motor vehicle without the owners consent (TWOC)
  • Litter
  • Drunk and disorderly
  • Sections 5, 4 and 4A of the Public Order Act 1986
  • Common assault
  • Assault police
  • Obstruct police
  • Careless and inconsiderate driving
  • Driving whilst disqualified

What is the importance of Past and Present offences when considering the ability of powers of arrest of Persons Other Than Constables?


The powers of arrest in relation to preventing crime by arresting a person who is ‘about’ to commit an offence is restricted to constables; other persons can only arrest for offences that have been committed (past) or are in the act of being committed (present).


The power of arrest under Section 24A is only exercisable if:

  • the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question, and
  • it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

What are the reasons in question for the power of arrest under Section 24A?


Detailed at Section 24A(4)(a) to (d) PACE:

(a) causing physical injury to themselves or any other person
(b) suffering physical injury
(c) causing loss of or damage to property, or
(d) making off before a constable can assume responsibility for him or her.


Under S28 PACE what information does an officer have to give an arrested person to make the arrest lawful?

In addition to S28 PACE, what else must a Police Officer tell a person when they are arrested?


That they are under arrest,
The offence that they are arrested for,
The grounds for the arrest.

(Note: The arrest is still lawful if it is not possible to say the points if, for example, the suspect runs off).

The reason/ necessity (IDCOPPLAN) and the caution.


What are the magic words?


“You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Designed to advise someone that they are under no obligation to say anything to us as police officers, but that by not answering questions they may lose the chance to get their side across. We also have to remind them that we can put forward as evidence anything they tell us.


Relevant comments, significant statements and unsolicited comments


Questioning only goes as far as to satisfy your grounds for arrest (interviews must use recording equipment with the suspect having access to legal advice etc).

To say something after being arrested fall into the categories of ‘relevant’, ‘significant’ or ‘unsolicited’ comments.

Body Worn Camera should capture what’s said, however still required to keep a written record of any such comments (usually in your pocket book) as you will need to put them to the suspect later in interview.


When carrying out a lawful arrest, you are permitted to use force if required by virtue of…


Section 117 of PACE

This states that you may use reasonable force, if necessary, in the exercise of your power of arrest under provisions of PACE. Provided your actions are reasonable, this provision will enable you to ensure your own safety and the security of the detainee.


The use of reasonable force

These reasonable response options may be adopted to suit specific circumstances:

  • verbal communication skills
  • primary control skills - use of empty hand skills (escort position, pressure points, arm locks, wristlocks, use of handcuffs and restraints using a baton)
  • defensive tactics - blocks, strikes, takedowns with empty hands, batons or rigid handcuffs (takedowns only) or use of incapacitants, all followed by control techniques
  • deadly force - any action likely to cause serious injury or death. Use of empty hands, batons, firearms or by any other means.

How to keep a ‘contemporaneous record’ of everything in the pocket notebook (PNB) or an official police document such as ‘stop and search’ forms or ‘evidence and action’ books?


Note the incident, grounds and necessity for arrest

Time of call and any reference number

The fact that the suspect was cautioned at the point of arrest and any response to this caution should be noted.

The date and time of arrest should also be noted, and importantly, the later time of arrival at the Police Station.


The right for the person at a police station (e.g to leave at any point) should be held because…


The investigation will be discredited at best, and at worst discontinued.


What are reasonable grounds for suspicion under s 24 PACE (powers of arrest without warrant)?


For an arrest to be lawful the arresting officer must have a ‘reasonable suspicion’, relating to both the likelihood that the offence has been committed and that the suspect is the person who committed that offence.


What are the specific meanings of the following terms in police context.

Reasonable conclusion


A reasonable conclusion is one that one or more people would agree on as a result of the same personal experience or understanding. It is a practical, level headed and logical result.

Grounds for something include a reason or argument for a thought to exist.

To suspect something is to think that it is probably true, although you are not certain.

To believe something is stronger and more concrete conclusion.


Reasonable ground for arrest

To ascertain a person’s name

Officer may arrest where there are reasonable grounds for doubting the name provided is correct


(Code G, para 2.9 (b))

Must be made clear to suspect name is needed to proceed with investigation. If they refuse must explain this may lead to arrest (must have committed a crime).

  • the person cannot provide identifying documents (eg a driving licence with a photograph)
  • there is no record of the name or address in the voter’s register or telephone directory.
  • the officer suspects the person is using the name or address of a close relative with the same details.
  • the officer suspects the name or address if fictitious because it is the same a famous character

Reasonable ground for arrest

To ascertain a person’s name or address

What provides guidance on the definition of an unsatisfactory address?


Code D of the Codes of Practice

  • An address where the location does not exist.
  • Person’s name does not appear at the address on the voter’s register.
  • If the person is very soon to leave the UK never to return
  • If the person is of no fixed abode and cannot supply a permanent address.

An address can be regarded as satisfactory if someone else at the address (eg an employer or relative) will accept service of the written charge and requisition on the person’s behalf (could also be used for person who’s home address is not in the UK.


Reasonable ground for arrest

To prevent injury, damage, indecent or obstruction

A reason for arresting someone could be to prevent the person…


(Code g, para 2.9 (c)

i. Causing physical injury to any other person e.g if investigating an offence of throwing fireworks in a street.
ii. Suffering physical injury e.g a pedestrian walking on the motorway.
iii. Causing loss or damage to property e.g interference with motor vehicle or trailer
iv. Committing an offence against public decency e.g investigating an offence of using profane or obscene language (Town Police Clauses Act 1847).
v. Causing unlawful obstruction of the highway e.g suspect stopped or slowing vehicles on the highway


Reasonable ground for arrest

To protect a child or vulnerable person


Might be necessary to arrest a suspect if he/she is risking the health and safety of a vulnerable person or child Code g, para 2.9 (d) e.g a parent is suspected of abusing their children.


Reasonable ground for arrest

To allow prompt and effective investigation


PACE Code of para 2.9 (e) sets out the circumstances for the reason for arrest being ‘to allow prompt and effective investigation of the offence or conduct’.

For example if might be necessary to arrest a suspect who is unlikely to attend the police station voluntarily.

There might also need to be a need to take fingerprints, footwear impressions, or photographs (Code G Note 2H). All these actions would be be possible unless they’ve consented.


Reasonable ground for arrest

To allow prompt and effective investigation

Code G para 2.9 (e) suggests other circumstances where this applies. These include where there are reasonable grounds to believe the person:

  • Has made false statement (e.g DOB) or presented false evidence (e.g forged licence)
  • May steal or destroy evidence (e.g disposing of stolen property)
  • May alert co-suspects or conspirators (who could go into hiding)
  • May intimidate or threaten witnesses

Reasonable ground for arrest

To prevent the disappearance


Arrest can be necessary if there are reasonable grounds for believing that the suspect will otherwise fail to attend court e.g a track record.


Arrest on Warrant

There are occasions when you will arrest under authority of a warrant issued by a court.

You need to remember the following points.

  • If the warrant is to arrest a person for either an offence (such as assault) or for failing to appear at court or on a commitment warrant you do not need to have the warrant with you when you make the arrest.
  • If you have the warrant with you, ensure that the accused person fully understands both the fact that they are being arrested and the grounds for the arrest. Show the person the warrant, explain what it is and read the relevant parts to them.

What are the three (rarely use) primary use of force powers?

The use of force includes the words you use, to physical objects such as batons.


Common Law: any person power/ ‘self-defence’ – i.e. an honestly held belief that force is necessary to prevent imminent danger. In relation to arrest, this power is most commonly used to prevent a breach of the peace.

S.3 Criminal Law Act (1967): any person power. ‘A person may use such force as is reasonable in the circumstances in the prevention of crime or in the effecting or assisting in the lawful arrest of persons unlawfully at large’.

S.117 Police and Criminal Evidence Act (1984): where any provision of this Act (PACE in this case):

a) confers a power on a constable, and
b) does not provide that the power may only be exercised with the consent of some other person, other than a police officer, the officer may use reasonable force, if necessary in the exercise of the power.


What is reasonable force?


Reasonable force is what you honestly and instinctively think is necessary, proportionate and appropriate based on the circumstances you are prevented with. You must have a genuine belief of danger.


What should be noted about arresting young people?


Unless unavoidable, should not be arrested in at his/her place of education, but if this is necessary their principal must be informed.


Where does it state there is power of entry?


There is a power of entry under s 17 (1) PACE to enter and search premises in order to arrest a person on warrant, or a person suspected of committing an offence (arrest without warrant).


Information to be given on arrest.

Under s 28(1) of the PACE Act 1984 and Code G para 2.2, when a person is arrested, the officer must tell the person at the time of the arrest…

  • That he/she is under arrest (even if it seems obvious) “I am arresting you”.
  • The reasons for the arrest; and
  • The necessity for the arrest

“I have just seen you…I am arresting you on suspicion of…the arrest is necessary to allow the fast and effective investigation of the offence by interviewing you at the police station…


Using force in an arrest

During an arrest the use of force may be required, but this must be ‘reasonable’.

Section 3 of the Criminal Law Act 1967 provides a defence for the use of force…


States that a person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.

For example:

  • an officer sees a man and a woman fighting and stops them (the prevention of crime).
  • an officer arrests the woman when he sees that the man is injured (effecting a lawful arrest; or
  • the woman runs off, so the officer gives immediate chase and detains her again (the person was unlawfully at large).

What to do after an arrest


The suspect must be cautioned and the officer must make a PNB record (unless it is impracticable to do so) about:

  • the nature and circumstances of the offence leading to the arrest
  • the reason or reasons why the arrest was necessary
  • that a ‘when questioned’ caution was given; and
  • anything said by the person at the time of the arrest

If the arrest took place in a location other than a police station, the suspect can be searched by a police officer if…


there are reasonable grounds for believing that he/she may present a danger to any person, or is in possession of anything which could be used to escape from custody or which could be evidence relating to an offence.

In public, a person cannot be required to remove any clothing other than an outer coat, jacket or loves but his/her mouth may be searched.


Can a person who has been arrested be photographed in the street?


Yes (s 64A (1A) of the PACE Act 1984) and consent is not required.

The person can be required to remove anything covering part of the head or face (out of public view if religious). If a person refused the police officer has a right to remove it.


Taking the suspect to the police station

What must happen?


A person who has been arrested must be taken without delay to a designated police station (s 30(1) of the PACE Act 1984 and Code C, para 11.1A).


A person who has been arrested must be taken without delay to a designated police station (s 30(1) of the PACE Act 1984 and Code C, para 11.1A).

The only reasons for denying (s(30(10)) are that taking the person to a police station could:


Cause interference or harm to evidence, people, or damage to property

Or lead to alerting other people suspected of committing an offence but not yet arrested for it

Or hinder the recovery of property obtained in consequence of the commission of an offence


What is a warrant?


A formal written document issued by a magistrate or judge that authorises the arrest of a named individual or group of people.

It is normally addressed to the police and directs them to carry out an action on behalf of the court.

A police officer can execute a warrant without having physical possession of the warrant at the time.


A warrant of arrest is often used in relation to a failure to:

  • Pay fines (s 76(1) or (2) of the Magistrate’s Court Act 1980
  • Appear at court (s 55 (2) of the Magistrate’s Court Act 1980
  • Answer bail (s 7 (1) of the Bail Act 1976).
  • A witness failing to appear in court (issued under s 97 of the Magistrate’s Court Act 1980 or the Criminal Procedure (Attendance of Witnesses) Act 1965 for a Crown Court.

How would a police officer execute a warrant to arrest a man?


Locate the man through the use of intelligence, a stop check, the PNC, or her local force database

  • Identify herself, then confirm his identity, and then arrest him and caution him
  • Endorse the back of the warrant (also known as backing up)
  • Record the event in her PNB
  • Send the backed up warrant to the appropriate court, following local procedures

What is the European Arrest Warrant (EAW)?


Arrest warrant valid throughout all member states of the European Union (EU).

Requires another member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on trial or complete a detention period.


Why are ‘cautions’ or ‘warnings’ used?


To protect the suspects rights and keep him/ her informed of the possible consequences of what they say (or don’t say) during an investigation.

Police officers must always record when a caution has been used.


Where in PACE Codes of Practice does it say when a warning or caution must be used?


Code C, paragraph 10


In Code C, paragraph 10 of the PACE Codes of Practice when does it say a warning or caution must be used?


‘When, on an objective test, there are grounds for suspicion, falling short of evidence which would support a prima facie case of guilt, not simply that an offence has been committed, but committed by the person who is being questioned’.


What are the three different cautions for use during investigations, what are they?


The ‘when’ questioned caution is used at arrest and interview.

The ‘now’ caution is used just before a person is charged with an offence.

The ‘restricted’ caution is used only for interviews after charge.


There is no need to provide a caution when:


When asking for a person’s identity or the identity of the owner of a vehicle.

When asking for a driver’s name and date of birth under the Road Traffic Act 1988.

When asking a suspect to read and sign records of interviews and other comments.

Before conducting a search.


What are three parts to a caution?


Part 1: ‘You do not have to say anything’
…The defendant does not have have to implicate him/ herself and always has the right to say nothing.

Part 2: ‘…but it may harm your defence if you do not mention…’
a) When questioned OR b) now
Something which you later rely on in court.

Part 3: Anything you do say me be given in evidence.


The use of the ‘when questioned’ caution is given to a suspect at the time of arrest, unless:

  • it is impossible to give the caution, e.g if the person is very intoxicated, or was violent and needed to be restrained.
  • the caution has been given earlier (eg when a person who is suspected of committing an offence has attended a police station voluntarily to be interviewed).

The use of the ‘now’ caution


Suspect’s last chance to have anything recorded about the offence.

It is used at the end of an investigation, for instance when charging a detained person with an offence.


The use of the ‘restricted’ caution

What is it?


If a suspect is interviewed after being charged then the ‘restricted’ caution is used.

‘You do not have to say anything unless you wish to do so, but anything you do say may be given in evidence’


Search – this is both of the suspect and the vehicle. Search more broadly is covered under other modules, but key search powers relating to arrest:


S.32 PACE – permits search of arrested persons for items which may assist escape (this can include dangerous items such as lighters, needles, razor blades etc), items which may be evidence of an offence, and if arrested for an ‘indictable offence’ to enter and search any premises in which they were either arrested, or in immediately prior to arrest (so for example the car they were seen getting out of, or their house if they have been arrested there). To use this power, you must believe not suspect.

S.18 PACE – applies to indictable offences and can be used to search premises (such as their home address) for items relating to that, or another connected or similar indictable offence (depending on circumstances, may need Inspector Authority).

Strip Search – depending on the circumstances you can also make a request for the custody sergeant to consider permission for a strip search. This is particularly common when dealing with drugs offences, or with warning signals for concealed weapons or self-harm.


Exceptions to S.24: there is no need to prove necessity for arrest (IDCOPPLAN) in certain circumstances. This is because arrests under certain legislation have preserved their own, specific power of arrest:

  • Section 6 of the Road Traffic Act (drink drive)
  • Failing to answer Police bail
  • Breaching court bail
  • Returning a child absconder
  • Immigration offence under schedule 2 (determining right to remain)
  • s136 mental health act (‘sectioning’)
  • Breach of the Peace under common law

Risk assessments only have to be completed if the suspect is at risk of self-harm.



Risk assessments must be undertaken whenever a person is detained. Once an arrest is made, the police take on a duty of care towards the individual in their custody.


If a police officer has made an unlawful entry, any evidence of criminality may be excluded by the court.



Under s78 PACE Act 1984 this statement is true.